COLLECTOR SAHARANPUR Vs. MOHD ASHIK KHAN

JUDGEMENT

(1.) S. U. Khan, J. Even after 24 years of elevation of learned counsel for the respondent, Respondent did not engage any other counsel. Notices issued to the respondent to engage another counsel returned un-served Accordingly, only arguments of learned counsel for the appellant were heard. This appeal is directed against judgment, sward and decree dated 26. 5. 1979 given by Vth A. D. J, Saharanpur in L. A. Case No. 56 of 1973. It appears that 25 claimants, whose lands had been acquired under Land Acquisition Act being dissatisfied with the award of S. L. A. O. , applied for making reference under Section 18 of Land Acqui sition Act, Accordingly, references were made. It appears that all the references were registered as one case, i. e. L. A. Case No. 56 of 1973. This appeal is confined to the dam of the respondent Mohd. Ashik Khan.

(2.) A large area of land of about 33 Big has (a 1279 squire yards) was acquired Notification under Section A of Land Acquisition Act was issued/published on 20. 11. 1968. Land was situate in a village Pathan Pura, Saharanpur appurtenant to main Saharanpur-Delhi Road. Land was acquired for construction of residence for various categories of Government Servants at Saharanpur.

(3.) THE Supreme Court in AIR 1997 SC 3809, Karan Singh v. Union of India has held that only in rare cases sale deed executed after notification under Sec tion 4 of Land Acquisition Act can be relied upon. One of such situations, where such sale deed can be relied upon, is where no sale deed of the land in the area in question during last three years from notification under Section 4 of Land Ac quisition Act is available.